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1993 Supreme(AP) 415

G.RADHA KRISHNA RAO, P.RAMAKRISHNAM RAJU
Ultra Drytech Engineering Private Limited – Appellant
Versus
Niraj Petro-chemicals Limited – Respondent


( 1 ) THIS civil miscellaneous appeal is filed against the order and decree made in I. A. No. 2368 of 1991 in O. S. No. 897 of 1991 on the file of the Second Additional Judge, City Civil Court, Hyderabad. The learned Judge allowed the said application filed by the respondent/ plaintiff thereby making the interim injunction granted on 24-9-1991 absolute, restraining the petitioner/defendant from disposing of or alienating the petition schedule properties including the furniture, fittings, machinery, etc. , till the disposal of the suit.

( 2 ) ORIGINAL Suit No. 897 of 1991 was filed by the plaintiff against the defendant for recovery of Rs. 69,82,022-90 ps. , with future interest thereon for the loss sustained by it for breach of contract by the defendant. Application for injunction was filed in the said suit, which was allowed as stated supra. Aggrieved by the same, the defendant preferred this appeal.

( 3 ) THE main contention of the learned counsel for the appellant is that the learned Judge having held that all the three requirements under Order XXXIX, Rule 1 of the Civil Procedure Code for grant of injunction are not satisfied, erred in granting injunction in exercise of inheren






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